Massachusetts has enacted a new law allowing tenants to seal eviction records, a significant change aimed at improving access to housing. This initiative, part of the Affordable Homes Act, came into effect in May 2023. Previously, eviction records could be a barrier for tenants seeking new housing, as landlords often used these records to deny applications, irrespective of the case’s outcome.
Under the new regulations, tenants can apply to seal their eviction records, which restricts access to select parties and prohibits commercial use of the information. While certain entities, including the individual or their attorney, can access the sealed records for good cause, credit reporting agencies are barred from using them.
Understanding the Sealing Process
On December 9, 2023, Angelina Morisi, a housing law attorney at Community Legal Aid, held an informational session on how to navigate the sealing process. Attendees primarily included members of local advocacy groups and support organizations, such as Berkshire Health and Upside413.
Morisi explained that individuals seeking to seal their eviction records must first gather essential information about the eviction, including the reason for the eviction and the outcome of the case. The first step involves completing the Petition to Seal form. For those who find the process daunting, an online guided interview is available, or they can participate in a sealing clinic organized by Community Legal Aid, likely scheduled for January 2024.
The ability to seal an eviction record varies based on the eviction type and timing. For cases dismissed or where the tenant prevailed, the process is straightforward, requiring only basic personal details. Individuals can submit their petitions immediately upon the case’s conclusion.
Morisi noted, “If a tenant loses a case, that can make it a little bit harder and present some barriers.” In instances of no-fault evictions—where a tenant is asked to leave without cause—applicants can still file right away but must notify their former landlord. If the landlord objects, a hearing will be held to determine if the record can be sealed.
For evictions where the landlord won, a waiting period applies before sealing can occur. Specifically, for non-payment evictions, the waiting period is four years unless the debt has been settled. In cases of fault evictions, where a tenant breached the lease, the waiting period extends to seven years.
The Implications of Sealing Eviction Records
Once an eviction record is sealed, access is limited. Individuals can petition to access their records, and courts may grant partial or full access in certain situations, such as for evidence in another court case. Importantly, sealed records remain inaccessible to credit reporting agencies and cannot be used for commercial purposes.
If a sealed eviction record is still considered by an agency 30 days post-sealing, Morisi advises affected individuals to contact the state attorney general. It is vital to note that sealing an eviction record does not equate to expungement; the record will still exist but will not be publicly accessible.
For those looking to initiate the sealing process, resources are available, including the Petition to Seal form and an online guided interview, as well as further information from Mass Legal Help about the new law.
